ON THE ISSUE OF LEGAL FICTION IN LABOR LAW

Abstract

Problem setting. It’s necessary to undertake a study on the legal fictions, because of the absence of studies on legal fictions Labour Law of Ukraine. The legal fictions help to determine the system of rights and responsibilities of legal entities of Labour Law of Ukrine.
Analysis of recent researches and publications. The author analyzes the works of Ulyanovska, Ivanskiy, Meyer, Marohin, Lotfulin and others.
Target of research. Purpose of the article is to analyze legal aspects of legal fiction in Labour Law of Ukraine. Article’s main body. The article is sanctified to research of aim and tasks of theuse of legal fictions in Labour Law of Ukraine. The author emphasizes the need to overcome the tradition of the negative attitude to legal fictions as a tool of legislative techniques. Unlocks the potential of this tool in the mechanism of legal regulation, indicates the trend of the use of fictions. Defined the legal fictions role in Labour Law of Ukraine. Conducted the delimitation of the following legal presumption and legal fiction definitions. Pointed out the common features of legal presumption and legal fiction legal phenomenon. Provided the classification of legal fictions.
Conclusions and prospects for the development. Legal fictions are necessary conditions for the existence of the Labour Law of Ukraine.